I, the participant named below, have agreed to participate in the F45 workouts, exercise and training programs and any other services (fitness or otherwise) offered by F45 ( the "Workouts").
I acknowledge and agree that the Workouts:
• are a recreational sport activity; and
• may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, and other various fitness activities.
I hereby affirm, and I affirm each time I participate in a Workout, that:
• I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in the Workouts; and
• I am participating in the Workouts voluntarily and at my own risk.
I HEREBY RELEASE F45 TRAINING PTY LTD, F45 TRAINING PTY LTD (ACN 162 731 900), F45 TRAINING INC, F45 TRAINING PRIVATE ASIA LTD, FUNCTIONAL 45 TRAINING LTD, F45 TRAINING CANADA LTD., CATS 45 INC., LCAT VENTURES LLC d/b/a F45 TRAINING FLATIRON, LES CATS LLC d/b/a F45 TRAINING LOWER EAST SIDE, CATMAR DUMBO LLC d/b/a F45 TRAINING DUMBO, CATMAR MIDTOWN LLC d/b/a F45 TRAINING MIDTOWN EAST NYC, AND THEIR RELATED BODY CORPORATES, AFFILIATES, SUCCESSORs, ASSIGNEES, FRANCHISEES, LICENSEES AND THEIR OFFICERS, AGENTS AND EMPLOYEES (THE "RELEASED PARTIES" or “F45”) FROM ANY CLAIMS, DEMANDS, AND CAUSES OF ACTION AS A RESULT OF MY VOLUNTARY PARTICIPATION IN THE WORKOUTS, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
I FULLY UNDERSTAND THAT I MAY INJURE MYSELF AS A RESULT OF MY PARTICIPATION IN THE WORKOUTS AND I HEREBY RELEASE THE RELEASED PARTIES FROM ANY LIABILITY NOW OR IN THE FUTURE FOR CONDITIONS THAT I MAY OBTAIN DIRECTLY OR INDIRECTLY FROM PARTICIPATING IN THE WORKOUTS, TO THE FULLEST EXTENT PERMITTED BY LAW. THESE CONDITIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, HEART ATTACKS, MUSCLE STRAINS, MUSCLE PULLS, MUSCLE TEARS, BROKEN BONES, SHIN SPLINTS, HEAT PROSTRATION, INJURIES TO KNEES, INJURIES TO BACK, INJURIES TO FOOT, OR ANY OTHER ILLNESS OR SORENESS THAT I MAY INCUR, INCLUDING DEATH.
Assumption of Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
F45 has done its best to put in place preventative measures to reduce the spread of COVID-19; however, F45 cannot guarantee that you will not become infected with COVID-19. Further, attending F45 could increase your risk of contracting COVID-19.
You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19 by attending F45 and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at F45 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, F45 employees and program participants.
You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with your attendance at F45 (“Claims”). You hereby release, covenant not to sue, discharge, and hold harmless F45, its employees, owners, agents, and representatives, from the Claims. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of F45, its employees, owners, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any F45 program.
Code of Conduct
1. I will adhere to social distancing and ensure that I follow the reasonable directions of all F45 staff and trainers in relation to my participation in the F45 training sessions.
2. I will diligently work to keep all equipment and stations clean following the directions provided by F45 staff and trainers.
3. I will wash and sanitize my hands upon entering and exiting the studio.
4. I will NOT enter the studio if I am feeling unwell, including (but not limited to): headache, fever, sore throat, nausea, sneezing, coughing and other cold and flu-like symptoms.
5. I do not have a temperature of 100°F, or higher when entering the studio. I agree that F45 staff may check my temperature using a non-contact digital thermometer.
6. I acknowledge that if I am exhibiting symptoms referred to above, I may be asked to leave the Studio for the health and safety of all F45 staff, members and guests.
7. If I contract or otherwise come into contract with a person who has, or is suspect to have, COVID-19, I will immediately notify my F45 Studio and otherwise refrain from attending the F45 Studio until there is no longer a risk of infecting any other person.
8. If I have travelled to New York from a state or country that the State of New York requires individuals to quarantine for 14 days, I affirm that I have complied with this directive and quarantined for 14 days.
I hereby affirm and acknowledge that I fully understand the above Liability Waiver, Assumption of Risk and Waiver of Liability Relating to Coronavirus/COVID-19, and Code of Conduct and the statements and requirements therein and agree that I will at all times comply with the above requirements. I further acknowledge and agree that nothing in this document is intended to limit or otherwise modify the obligations and rights set out in my F45 membership terms and conditions, studio rules and any waivers or releases I have signed in relation to my attendance and use of the F45 Studio.
I understand and agree with the above terms